This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

    Filter by date
     to 
    Search by Author
    Search by Category
    Search by Headline


Tax

Anticipating Joe Biden’s proposed capital gains tax

Mar. 11, 2020
By Bruce Givner, Owen Kaye

The New York Times reported that former Vice President Joe Biden’s tax proposals include one under which “People would have to...


Labor/Employment, Health Care & Hospital Law

Cal/OSHA’s regulations require protection for workers exposed to airborne infectious diseases such as the 2019 novel coronavir...


U.S. Supreme Court, Tax, Corporate, Civil Litigation

Corporate tax allocation agreements: No longer subject to federal common law

Mar. 11, 2020
By Stephen J. Turanchik, Douglas A. Schaaf

The U.S. Supreme Court recently struck down a federal common law interpretation of tax allocation agreements and further cauti...


California Supreme Court

You do not forfeit an objection you didn’t have

Mar. 11, 2020
By Don Willenburg

How do you preserve an objection you never made or had? You hope the California Supreme Court changes the law after your trial...


Immigration, 9th U.S. Circuit Court of Appeals

Last month the 9th Circuit halted the Trump administration’s “Remain in Mexico” asylum policy, which was one of the cornerston...


Labor/Employment, Civil Litigation, 9th U.S. Circuit Court of Appeals

The 9th Circuit again has ruled that under the Equal Pay Act, employers may not rely on prior pay to justify pay disparities b...


Civil Litigation

Last month a Court of Appeal affirmed the trial court's sustaining of a demurrer in the case of Dumas v. Los Angeles County Bo...


Constitutional Law, 9th U.S. Circuit Court of Appeals

On Feb. 26, the 9th Circuit rejected the argument that the ubiquity of social media platforms as a means of communication rend...


Labor/Employment

NLRB’s final joint-employer rule brings clarity for employers

Mar. 10, 2020
By Michael J. Lotito, Jim Paretti

Employers received welcome news from the National Labor Relations Board last month. On Feb. 26, the board published its long-a...


Letters, Law Practice, Civil Litigation

As a plaintiffs’ trial lawyer for the past 60 years, I heartily agree with Robert Tyson ‘s recent column, “Is the Defense Bar ...


U.S. Supreme Court, Immigration, Criminal, Constitutional Law, Civil Litigation

High court ruling will allow egregious misconduct to go unchecked

Mar. 10, 2020
By Ethan D. Dettmer, Joshua S. Lipshutz

In Hernández v. Mesa, decided Feb. 25, the U.S. Supreme Court decimated Bivens. What changed in the past 50 years?


Insurance, Civil Litigation, California Courts of Appeal

A recent appellate ruling shows why it is important to remember that even if a party has argued that one jurisdiction’s law go...


Judges and Judiciary

The Daily Journal is a legal periodical. Right? Any reader who disagrees, I advise not to read the remainder of this column.


Military Law, Health Care & Hospital Law

Recent developments in veterans’ law

Mar. 9, 2020
By Eileen C. Moore

Justice Eileen Moore, a veteran, reviews several important developments in veterans’ law at both the state and federal level.


Government, Corporate, Antitrust & Trade Reg., Administrative/Regulatory

With mounting political pressure from Congress, the Trump administration, and multiple Democratic presidential candidates, 202...


Labor/Employment, Government

New law unconstitutionally restricts freelance journalists

Mar. 9, 2020
By Caleb Trotter, Jim Manley

One-size-fits-all solutions never fit anyone very well. That is especially true when it comes to picking a career. California ...


Family, Criminal

Navigating the law of Domestic Violence Restraining Orders

MCLE
Mar. 9, 2020
By Robin Birnbaum, Jillian E. Atuegbu

The goal of this article is to provide attorneys with practical information relating to the issuance of domestic violence rest...


Alternative Dispute Resolution

The psychology of settlement

Mar. 9, 2020
By Stacie Feldman Hausner

Using the science of influence to gain an advantage in settlement discussions


Letters, Law Practice, Civil Litigation

A recent guest column by Colorado attorney Lee Mickus purports to offer a broad critique of California’s lemon law by lamentin...


Legal Education

As President Barack Obama once observed, economic justice — making sure that every American has the opportunity to succeed — i...


Law Practice, Civil Litigation

Is the defense bar being out-lawyered?

Mar. 6, 2020
By Robert F. Tyson Jr.

Nuclear verdicts — often those in which damages exceed $10 million — are increasingly commonplace in this country, presenting ...


Labor/Employment, Civil Litigation

A review of disability discrimination claims in 2019

MCLE
Mar. 6, 2020
By Jeffrey D. Polsky

In 2019, disability discrimination claims were among the most frequently filed employment discrimination claims in California ...


Labor/Employment

California has long been a national trend-setter in employment law. While some federal agencies of late have generally been mo...


Law Practice, Ethics/Professional Responsibility

Tips for taking confidential information across the border

Mar. 6, 2020
By Shari L. Klevens, Alanna G. Clair

In recent years, the number of electronic device searches at the border has skyrocketed as part of an increased focus on borde...


U.S. Supreme Court, Labor/Employment, Civil Litigation

The Supreme Court’s decision in a case last week will have wide-reaching implications. Now, plan administrators can no longer ...


Tax

Section 280E of the Internal Revenue Code revisited

Mar. 6, 2020
By Stanley S. Jutkowitz

In basic terms, Section 280E denies a marijuana business the ability to deduct its business expenses in computing its federal ...


Tax

Simple question on IRS Form 1040? Be careful

Mar. 6, 2020
By Robert W. Wood

Tax returns have to be filed under penalties of perjury. You might not think about it each year when you get to the bottom of ...


Alternative Dispute Resolution

When it comes to mediation, there is one lesson from our youth to keep in mind: different strokes for different folks.


Intellectual Property, Civil Litigation

Why is the 5Pointz decision so important to artists and building owners alike? The case sets boundaries on what building owner...


Law enforcement agencies throughout the state of California have been grappling with new laws that increase transparency and a...